Section 393 — Company’s failure to comply with provisions of this Chapter not to affect validity of
contracts, etc.—Any failure by a company to comply with the provisions of this Chapter shall not affect
the validity of any contract, dealing or transaction entered into by the company or its liability to be sued in
respect thereof, but the company shall not be entitled to bring any suit, claim any set-off, make any counter-
claim or institute any legal proceeding in respect of any such contract, d ealing or transaction, until the
company has complied with the provisions of this Act applicable to it.
4[393A. Exemptions under this Chapter .—The Central Government may, by notification, exempt
any class of—
(a) foreign companies;
1. Subs. by Act 1 of 2018, s. 79, for sub-section (2) (w.e.f. 9-2-2018).
2. The words “with imprisonment for a term which may extend to six months or” omitted by Act 29 of 2020, s. 54 (w.e.f. 21-12-
2020).
3. Subs. by s. 54, ibid., for “fifty thousand rupees, or with both” (w.e.f. 21-12-2020).
4. Ins. by s. 55, ibid. (w.e.f. 22-1-2021).
(b) companies incorporated or to be incorporated outside India, whether the company has or has
not established, or when formed may or may not establish, a place of business in India,
as may be specified in the notification, from any of the provisions of this Chapter and a copy of every
such notification shall, as soon as may be after it is made, be laid before both Houses of Parliament.]
Related sections
- Section 379 — Application of Act to foreign companies
- Section 380 — Documents, etc., to be delivered to Registrar by foreign companies
- Section 381 — Accounts of foreign company
- Section 382 — Display of name, etc., of foreign company
- Section 383 — Service on foreign company
- Section 384 — Debentures, annual return, registration of charges, books of account and their inspection
- Section 385 — Fee for registration of documents
- Section 386 — Interpretation
- Section 387 — Dating of prospectus and particulars to be contained therein
- Section 388 — Provisions as to expert’s consent and allotment
- Section 389 — Registration of prospectus
- Section 390 — Offer of Indian Depository Receipts
- Section 391 — Application of sections 34 to 36 and Chapter XX
- Section 392 — Punishment for contravention